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LAW OF THE REPUBLIC OF BELARUS

of January 7, 2012 No. 341-Z

About auxiliary reproductive technologies

(as amended on 28-12-2023)

Accepted by the House of Representatives on December 19, 2011

Approved by Council of the Republic on December 20, 2011

This Law is directed to determination of legal and organizational basis of use of auxiliary reproductive technologies and providing the rights of citizens in case of their application.

Chapter 1. Basic provisions

Article 1. The main terms applied in this Law and their determinations

For the purposes of this Law the following main terms and their determinations are applied:

auxiliary reproductive technologies – methods of delivery of health care in case of which separate or all stages of conception and (or) early development of embryo (embryos) before its transfer in uterus are performed in vitro;

genetic mother – the woman with whose participation of gamete the embryo was formed and which carrier of genotype is future child;

the donor of gametes (further, unless otherwise specified, – the donor) – person which is voluntarily providing the gametes;

donorship of gametes – voluntary provision by the donor of the gametes;

artificial insemination – the type of auxiliary reproductive technologies consisting in introduction of men's gametes in uterus in the artificial way;

cryopreservation – freezing of gametes, embryos;

gametes – spermatozoa (at men), ova (at women);

relatives – the persons who are in natural cognation, having general ancestors to the great-grandfather and the great-grandmother inclusive;

substitute mother – the woman who under the agreement of surrogacy bears and gives birth to the child, not being the carrier of its genotype;

surrogacy – the type of auxiliary reproductive technologies consisting in connection of spermatozoon and the ovum withdrawn from organism of genetic mother, or donor ovum out of the woman's organism, development of the embryo formed as a result of this connection, further transfer of this embryo in uterus of substitute mother, incubation and the birth by it the child;

extracorporal fertilization – the type of auxiliary reproductive technologies consisting in connection of spermatozoon and ovum out of the woman's organism, development of the embryo formed as a result of this connection and further transfer of this embryo in uterus;

embryo – early stage of development of live organism.

Article 2. Legal regulation of the relations in the sphere of auxiliary reproductive technologies

The relations in the sphere of auxiliary reproductive technologies are governed by the legislation on auxiliary reproductive technologies, and also international treaties of the Republic of Belarus.

The legislation on auxiliary reproductive technologies is based on the Constitution of the Republic of Belarus and consists of this Law, other legal acts for health care and other acts of the legislation.

If the international treaty of the Republic of Belarus establishes other rules, than those which are provided by this Law then are applied rules of the international treaty.

Article 3. Types of auxiliary reproductive technologies

Treat types of auxiliary reproductive technologies:

extracorporal fertilization;

surrogacy;

artificial insemination.

Article 4. The organizations of health care performing use of auxiliary reproductive technologies

Use of auxiliary reproductive technologies is performed by the organizations of health care having the license provided according to the procedure, stipulated by the legislation about licensing if use of such technologies according to the legislation on licensing requires receipt of the license (further – the organizations of health care).

Article 5. Establishment of origin of the children who were born as a result of use of auxiliary reproductive technologies

Establishment of origin of the children who were born as a result of use of auxiliary reproductive technologies is performed according to the procedure, the determined legislation on scrap and family.

Chapter 2. Organizational bases of use of auxiliary reproductive technologies

Article 6. Persons to whom auxiliary reproductive technologies are applied

Use of auxiliary reproductive technologies is allowed concerning persons which reached 18 years having full legal capacity, and also which had medical examination both having medical indications and not having medical contraindications to use of auxiliary reproductive technologies. The list of medical indications and medical contraindications to use of auxiliary reproductive technologies, and also procedure for performing medical examination of the patient concerning which use of auxiliary reproductive technologies is supposed are determined by the Ministry of Health.

Extracorporal fertilization and artificial insemination are not applied to the patient who reached 50 years.

Article 7. Procedure for use of auxiliary reproductive technologies

Use of auxiliary reproductive technologies is performed by health workers of the organizations of health care according to the legislation on health care.

In case of use of auxiliary reproductive technologies in uterus of the patient no more than two embryos, and can be transferred to uterus of the patient who reached 35 years and also patients irrespective of age concerning whom use of auxiliary reproductive technologies three and more time did not lead to pregnancy approach, – no more than three embryos.

In the presence of medical indications the reduction consisting in accomplishment of medical intervention on reduction of number of embryos can be carried out. The list of medical indications for carrying out reduction is determined by the Ministry of Health.

Article 8. Preserving medical secret in case of use of auxiliary reproductive technologies

Data on use of auxiliary reproductive technologies, and also on the identity of the patient, the donor are medical secret.

Provision of information which is medical secret without the consent of the patient, the donor is allowed in cases, the stipulated in Article 46 Laws of the Republic of Belarus of June 18, 1993 No. 2435-XII "About health care".

Chapter 3. Donorship of gametes. Storage and use of donor gametes

Article 9. Donorship of gametes

Donorship of gametes is performed according to the written application of the donor.

The donor in relation to the patient can be anonymous and not anonymous. The patient's relative (concerning the patient – her female relative, concerning the patient – his male relative) can only be not anonymous donor.

The man aged from 18 up to 50 years inclusive, the medical examination which does not have medical contraindications to donorship of spermatozoa and had can be the donor of spermatozoa.

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